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Well-known and famous marks

Unlike the US Trademarks Dilution Revision Act 2006, the Canadian Trademarks Act does not define what constitutes a ‘famous’ mark; in fact, the act is silent with respect to fame. As a result, Canadian courts have been left to address famous marks through broad language in the act’s confusion provision and also in its depreciation of goodwill provision. The Supreme Court of Canada (SCC) specifically addressed famous marks in two landmark decisions issued on the same day in 2006, altering the landscape of famous mark protection in Canada.

Compare jurisdictions:Trademarks

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